A devloper sought a special permit for an affordable housing project of 48 units in an area permitting the use by special permit. The issue of water runoff was fond to have been adequately addressed by the lead agency in the SEQRA review. Howver, after a public hearing revealed that widespread neigborhood opposition to the project existed, the planning board denied the special permit, citing the water runoff problem. The neighborhood opposition was not supported by any evidence. One of the planning board members, arguing to follow the vocal neighbors, said, "people living in a particular neigborhood know more about the physical conditions of here they live than any experts brought in by an applicant." The court used this quote as evidence that the board relied on voal unsupported opposition, rather than empirical evidence submitted by the applicant that the water runoff would actually be reduced by the project. The Appellate Division, Third Department, affirmed Supreme Court's annulment of the planning board denial.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Civil Remedies Updates, Commercial Real Estate Updates, Zoning, Planning & Land Use Updates
State, 2nd Circuit, New York |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Reuben Ortenberg, Fix Spindelman Brovitz & Goldman, P.C. | Attorney Advertising